Richard Pious Position: CON “Resolved, Presidents Have Usurped the War Power That Rightfully Belongs to Congress.” Richard Pious Position: CON

Constitutional Debate As Kassop indicated, the framers refined the war powers to assign certain responsibilities to each branch. “Repel Sudden Attacks…” Though Congress “declares” (rather than “makes”), the president is authurized to “repel Sudden Attacks…”

Constitutional Debate Pious: Argument The intention of the framers is therefore clear: “the power to ‘make’ war is not limited to Congress. It is a responsibility shared by Congress and the President. Otherwise Constitution is Unclear Nothing else, in Pious’ opinion, is certain. Constitutional Language is not specific to resolve jurisdictional disputes. History is a Better Judge

War Powers: Living Constitution History of War Powers Early Presidents: Used Powers Quite Freely Lincoln: Informed Congress After the Fact Congress authorized expanded presidential retroactively, after being called into special session. Court: Declaration of War No Required In Civil Wars

War Powers: Living Constitution Police Powers: Began with Cleveland, then Teddy Roosevelt, expanded by Truman.

War Powers: Living Constitution Presidents and Cold War Two trends: 1) Congressional Resolution Supporting Presidents 2) Congressional Abdication of Authority Why No Declarations of War?

War Powers: Living Constitution Presidents and Cold War Examples: (Resolutions) Cuban Missile Crisis (1962) Gulf of Tonkin Resolution (1964) Gulf War (1991) Iraq War (2003) Examples: (Abdication) Korean War (1950) National Commitment Resolution (1969)

War Powers and the Judiciary Courts has for the most part resisted injecting itself between the president and Congress. Vietnam Cases: Luftig v. McNamara (1967) Draftee resisted on grounds that Congress had not declared war. Court support presidential auth. Berk v. Laird (1970) President had war powers in absence of declaration of war, but such authority depended on joint action with Congress.

Failure of the War Powers Resolution Congress responded to an permissive court by passing the War Powers Resolution. Presidential Response Every president Nixon has questioned its Constitutionality.

Failure of the War Powers Resolution War Powers and Judiciary: Dodge Issue Cases: Dellum v. Bush (1990) Several members of Congress sued to stop Bush from using force to expel Iraq from Kuwait. Court found use of presidential war powers had become too expansive, but then refused to pass judgment, deferring instead to Congress to decide. If Congress did not Act, the Courts would not Act.

Failure of the War Powers Resolution Clinton and War Powers Clinton largely ignored Congress when planning military act first in Haiti, then in Serbia. Case: Campbell v. Clinton (1999) Court that members of Congress who challenged Presidential War Powers lacked standing, since Congress had not clearly expressed its will.

Failure of the War Powers Resolution Bush and Iraq Cited Congressional 2002 resolution supporting the use of force against, and 1998 policy of “Regime Change” as “joint” authorization to invade Iraq in March 2003. Bush and International Mandate Bush claimed an International Mandate, but struggled to get in passed through the UN. Case: Doe v. Bush (2003) Court again refused to rule on whether a president had overreached, citing evidence of joint authorization.

Failure of the War Powers Resolution Obama and Foreign Policy What authority has Obama invoked for his actions in Iraq, Afghanistan, or regarding the use of drones?

Conclusion Conclusion: The problem has not been presidential war powers, but the failure of Congress (or the courts) to counteract presidential ambitions.